Few things in the law are as terrifying to face as a felony indictment. The State of Texas takes felony prosecution very seriously, and the process can be intimidating and complex. Here’s what you need to know about the indictment process in Texas.

Types of Crimes in Texas

Texas divides criminal infractions into several categories. For the least severe, some offenses are merely ordinance violations, meaning they are generally local municipal violations that have no criminal impact. There are also non-moving and minor traffic offenses that carry no criminal penalties. When it comes to criminal infractions, there are misdemeanors (generally for crimes punishable by up to a year in jail) and felonies (the most severe penalties available).

What is an Indictment?

In Texas, minor misdemeanor crimes are brought by a Complaint, in which a prosecutor essentially lays out the elements of the crime and how the defendant allegedly committed it. But a prosecutor must get past a second level of scrutiny to bring a felony charge. This is known as a Grandy Jury. An indictment is a formal accusation against the defendant, filed after the conclusion of the Grand Jury hearing which resulted in an indictment.

Here are the basic steps to the felony indictment process:

The suspect is arrested. Once arrested, prosecutors have a limited amount of time to bring an indictment, if one is sought.

Case is presented to a Grand Jury. In order to move forward with an indictment, the prosecutor will convene a Grand Jury of 12 ordinary members of the community. This is a lot like a regular jury, except that the burden of proof is much different. The prosecutor does not have to prove the defendant’s guilt. Rather, the prosecutor needs only prove that there is probable cause to believe a felony was committed.

Case Proceeds to Trial Court. A Grand Jury needs nine people to vote that there is probable cause that a criminal offense occurred in order to return an indictment. There is no need for a unanimous decision. If they return an indictment, it means the case will now proceed to the trial court to move forward.

Here are a few points to consider about the Grand Jury

A defendant has no right to be present

The defense attorney may present a grand jury brochure to the grand Jury.

If the Grand Jury finds there is not probable cause the case is no-billed or dismissed.

The prosecutor has sole discretion to decide what is presented to the Grand Jury

Why Work With A Criminal Defense Trial Lawyer?

If you’ve been accused of committing a felony in Texas, an experienced felony trial lawyer can be a great asset in the battle for your freedom. At Abrams Trial Law, we’ve seen many different types of

felony cases and we have gotten many cases no-billed by the Grand Jury. Remember, it only takes 4 grand jurors out of 12 to vote that there no probable cause in order to get your case No-billed. But if a Grand Jury returns an indictment, that does not mean you are guilty and it certainly is not the end of the discussion. Remember that the government still has a burden of proving guilt beyond a reasonable doubt in order for the State to win their case.

If you are facing federal charges in Texas, the attorneys at Abrams Trial Law are ready to help you. Attorney Warren Abrams is a Board Certified Criminal Law Specialist and Former Chief Prosecutor with the District Attorney’s Office, with over 30 years of experience. As a former Assistant District Attorney and felony prosecutor for the Dallas County District Attorney’s Office, Joshua Abrams also has tremendous courtroom experience fighting difficult cases.

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Client Testimonials

Incredible Attorney and Staff. I was facing multiple felonies all carrying a heavy penalty so I called Warren Abrams at the advice of a friend. I was told he was the best and that he was the defense I needed… well known, well networked, fierce and effective. So I hired him. With Mr. Abrams help, the DA’s investigation ended and all charges were dropped. Mr. Abrams continually went above and beyond for me and his staff was always extremely helpful. I highly recommended him!

ARClient

Mr. Abrams worked a miracle and won my breath test trial!!! I was arrested for DWI, given all field sobriety tests, and a breath test. I looked really good on video, but I blew a .14. Mr. Abrams was the 3rd attorney I interviewed based on a friend’s referral, and I immediately knew he was the one! He was so knowledgeable, made me feel at ease and calmed my nerves, and gave me confidence there was a chance to beat this thing, especially because of my video. We proceeded to trial, he was so amazing in court, very knowledgeable and impressive, and really fought for me. Mr. Abrams pulled a rabbit out a hat at the last minute and proposed non probable cause for arrest, in which no evidence after such arrest would be admissible. Well low and behold the jury came back and agreed… NOT GUILTY! You ROCK Warren!!!! Not to mention your staff is awesome!!! So helpful, caring, comforting, and reassuring!

ATClient

Mr. Abrams is the best attorney I have seen by far! He helped me through a situation that was uncalled for, I went to several attorney’s and none reassured me the way Mr. Abrams did. After weeks of stress and not knowing what to do I was able to get sleep at night after I met with him. The entire staff at his firm is kind and caring and that goes a long way when you are facing an issue that can change your life and the lives of your family. I am grateful for you all and pray that the Lord continues to bless your firm for years to come. Thank you. God Bless you all.

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Warren Abrams is a Texas Trial Attorney at Law defending the legal rights of his clients in all types of criminal cases in Dallas, Collin, Denton, Tarrant, Rockwall, and all other Texas counties. The information on this website supplies general information only. It does not give legal advice for any individual case or situation. The information presented here in no way creates an attorney-client relationship. In accordance with the current EU data protection laws, please take a minute to review our Privacy Policy.